body politicbecause they did not intend to remain permanently:(1) active duty military personnel who indicated on afederal form that another state should withhold tax-es, (2) their spouses and children, and (3) studentswho did not qualify for in-state tuition. The Commis-sion acknowledged th

ose whom it “extracted”

werenot counted anywhere else, and that they were notrepresented equally in Hawaii. The District Court re-fused to apply close constitutional scrutiny, and con-cluded

Hawaii’s “permanent resident” populati

on ba-sis was a rational means of protecting other resi-

dents’

voting power, which superseded the extracted

classes’

right to equal representation. The Commis-sion counted others who could not intend to remainpermanently (

e.g

., undocumented aliens), or whoseinclusion diluted voting power because they were notqualified to vote (prisoners, minors). The first ques-tion presented:Does

the Equal Protection Clause’s requirement o

f substantial population equality mandate that repre-sentational equality take precedence over votingpower as held by the Ninth Circuit, or is the choice of whom to count left entirely to political processes, asheld by the Fourth and Fifth Circuits and the DistrictCourt, and has Hawaii appropriately defined and uni-formly applied

“perman

ent residents

” to deny

the ex-tracted persons equal representation?

ii

2. Extreme deviations.

The Commission recog-nized that with overall deviations of 44.22% in theSenate and 21.57% in the House of Representatives

—

the product of

Hawaii’s prohibition of “can

oe dis-

tricts” (dis

tricts spanning more than a single coun-ty)

—

the 2012 Reapportionment Plan was presump-tively discriminatory. This Court has never upheld areapportionment plan with deviations in excess of 16%, which

“

may well approach tolerable limits

.”

TheDistrict Court accepted these substantial departuresfrom population equality because Hawaii is geograph-ically and culturally different. The second questionpresented:

Is Hawaii’s prohibition on legislators representingpeople in more than one county a “